Ashwin 31 August 2016

Wife's share in family property / business

Hello, Its been two year's since my father in laws death and my wife wishes to take her share and part from family owned business / property. All property is self earned by my father in law. Mother in law and brother in law are the other two successors of the property. But brother in law doesn't want to part with any of the property and wants to keep all for himself. ( As mother in law is currently in his control) Had sent an Advocate notice to him but with no result. Now have been advised to make a heirship and succession certificate in order to make a claim for my wife's share. Any further approach or advice shall be appreciated. Thanking you.

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2 Replies

Kumar Doab (FIN) 31 August 2016

It is believed that deceased father and your wife (his daughter) are Hindu.

ClassI legal heirs are; Mother, wife, sons ,daughters.

Any of the legal heirs can submit copy of death certificate, leagl heir certificate/affidavit ( as practised/applicable/prescribed etc) to the authority under whose jurisdiction property falls, to record inheritance in mutation records.

This fetches rights equal to that of owner.

Thereafter, if amicable settlement is not possible, partition deed is one of the options.

Mense profits may be claimed.

Approach a very able counsel specializing in revenue/family/property/civil matters.

Laxmi Kant Joshi (Advocate ) 31 August 2016

You didn't mentioned about his will ,is he died intestate if it is so then his whole property will devolve equally among all his legal heirs ,your wife is one of them she is entitled one share among all his property, to get legal heirness you have to apply for it in the sdm office by submitting application ,affidavit , death certificate, ration card for address proof and requisite court fee and after enquiring they issued you the legal heir certificate ,then you move in the civil court for partion of the property.